Public Private Partnership Act, 2014 (No. 11 of 2014).
Country
Type of law
Legislation
Abstract
This Act concerns the facilitation, conclusion and implementation of any Public Private Partnership (PPP) Agreement undertaken between a contracting authority and a private partner. It also establishes the Public Private Partnership Unit, sets out the responsibilities of the contracting authority and provides with respect to dispute resolution.
“Public Private Partnership Agreement” or “PPP Agreement” means a written agreement between a contracting authority and a private partner, in relation to any activity in which the private partner– (a) performs a public function on behalf of the public authority; (b) designs, develops, operates or uses an asset for its own commercial purposes; and/or (c) forms a joint venture with the contracting authority (by way of divestiture, new establishment or otherwise); (d) assumes financial, technical or operational risks in connection with the performance of a public function, use of an asset or running the joint venture; (e) receives consideration for performing a public function, utilising public asset or running the joint venture, by way of:— (i) a fee from any revenue fund or budgetary fund of the Government; (ii) user levies collected by the private partner or joint venture from the end users or customers for a service provided by the private partner or the joint venture or otherwise. The criteria for evaluating technical offers shall include compliance with environmental standards under any law. A contracting authority shall have the right, under the prescribed circumstances set out in a PPP Agreement, to take over the PPP Project, for the purpose of ensuring the effective and uninterrupted delivery or timely completion of the PPP Project in the event of, among others, a clear and present danger to health or the environment. Any compulsory acquisition of land that may be required for the performance of a PPP Agreement shall be carried out in accordance with the applicable law.
“Public Private Partnership Agreement” or “PPP Agreement” means a written agreement between a contracting authority and a private partner, in relation to any activity in which the private partner– (a) performs a public function on behalf of the public authority; (b) designs, develops, operates or uses an asset for its own commercial purposes; and/or (c) forms a joint venture with the contracting authority (by way of divestiture, new establishment or otherwise); (d) assumes financial, technical or operational risks in connection with the performance of a public function, use of an asset or running the joint venture; (e) receives consideration for performing a public function, utilising public asset or running the joint venture, by way of:— (i) a fee from any revenue fund or budgetary fund of the Government; (ii) user levies collected by the private partner or joint venture from the end users or customers for a service provided by the private partner or the joint venture or otherwise. The criteria for evaluating technical offers shall include compliance with environmental standards under any law. A contracting authority shall have the right, under the prescribed circumstances set out in a PPP Agreement, to take over the PPP Project, for the purpose of ensuring the effective and uninterrupted delivery or timely completion of the PPP Project in the event of, among others, a clear and present danger to health or the environment. Any compulsory acquisition of land that may be required for the performance of a PPP Agreement shall be carried out in accordance with the applicable law.
Attached files
Web site
Long title of text
Being an Act to promote, facilitate and streamline conclusion and implementation of public private partnership agreements by a contracting authority; to establish a Public Private Partnership Unit; to establish private partner selection procedures in PPP Agreements; and to provide for matters incidental thereto.
Date of text
Repealed
No
Serial Imprint
Supplement to the Sierra Leone Gazette Vol. CXLV, No. 58 of 30 October 2014.
Source language
English
Legislation Amendment
No